The reaction to the suspension of PPP MNA Farahnaz Ispahani’s National Assembly membership by the Supreme Court for holding dual nationality is predictably split along partisan lines. Supporters of the PPP are blasting the Supreme Court for once again trying to undermine the government while opponents are stressing the importance of having parliamentarians whose loyalties cannot be called into question. The truth lies somewhere in between. The law clearly states that a person cannot hold dual nationality and serve in parliament so Ms Ispahani’s foreign citizenship — if indeed she holds an American passport — should disqualify her from being an MNA. She will also have to explain why she did not declare her US citizenship to the Election Commission of Pakistan, as she is required to do so.
However, just because this law is in place does not automatically make it a good law. Pakistanis holding dual nationality are allowed to vote. If there is no problem with them voting then no one should have issues with them representing their country in parliament. This law may reflect an ideal of citizenship but it ignores reality. Most Pakistanis who have the opportunity to acquire a second citizenship end up doing so because the citizenship of another country is used by many as an escape route should the country continue to go down its current ruinous path. Rather than punishing parliamentarians for holding a second passport, we should be trying to build a country that people are not eager to run away from.
Then there is the perception that the honourable apex court is, perhaps, showing a keen interest in a case that involves the ruling PPP. Proponents of this view cite the memogate, the NRO and the contempt case. But the Supreme Court has also showed an appetite for taking on sacred cows in the Asghar Khan petition and the missing persons case. The Court can now prove its fairness by taking similar punitive measures against parliamentarians from opposition parties who also hold dual nationality. Justice is only served if it is seen to be done across the board. That could, perhaps, help shed the perception that right now Ms Ispahani is perhaps being singled out.
Published in The Express Tribune, May 27th, 2012.
COMMENTS (17)
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I live and earn in North America and send lots of $$ home, even while our rupee is going down the toilet (it was 94.5r PKR/USD in the morning). We overseas Pakistanis are the ones who keep the Pakistani foreign exchange coffer filled, I am sure Imam khan doesn’t travel to UK on tourist visa, can PTI prove that I am wrong? Lets get real if we kick out all those who have resident permit or citizenship of foreign country (IMO they are same because the person has a ‘get out of Pakistan’ option open, and please, don’t bring oath for loyalty and other such follies), then we will have to elect all the mullahs because nobody besides us wants them anywhere!
Those who see this decision from SC on dual nationality as biased or single sided are basically partisan, no one can support the argument of dual nationality merely on the basis of right.
If Ms. Ispahani has broken the law - witholding her dual nationality when providing papers to ECP - she should be dealt within the framework of the constitution. Having said that, it should also be acknowledged that the issue of dual nationals being barred from Parliament was introduced by the PPP in the 1973 Constitution (Art. 63 (c)). In order to remove this clause, we require a constitutional amendment. Until then, all Parliamentarians who have a dual nationality should either resign from there seat or forfeit foreign passports.
Courts have done a wonderful job by striking membership of Farah Naz Ispahani, at least they had to shift their remorse to somewhere after memo case. After failing to fix Hussain Haqqani in a fabricated case, they found a good target. I want to ask Can the Supreme Court move on to more pressing issues now. Property rights, contractual rights, human rights violations that have engulfed this nation. I get it: PPP is unlikable and an easy prey( through their own fault ), but judicial activism right now is not warranted. How about addressing the more than thousand backlog cases as recommended by the “National Judicial Policy Recommendations” in 2009.
Holding dual nationality is not a crime. There are hundreds of thousands citizens in Pakistan that hold dual nationality. Not only in Pakistan but across the world people hold dual nationalities even the case of UK, Saeeda Warsi and Lord Nazir Ahmed is a clear example. Infact we Pakistanis are suffering from xenophobia therefore we are getting alienated on international political and social landscape. The verdict on Farah Naz Ispahani case is no wonder; it was enough that she is the wife of Hussain Haqqani. By hook or crook court had to target her. After biting dust in memogate scandal courts had to fine at lease some other way to settler its scores. This partiality in delivering justice should be end now.
Rights for dual nationals need in depth analysis. Should not be dealt with emotionally. Origin roots always remain important to Pakistanis settled abroad. Very well said in the article that conditions at home be improved to attract the competent Pakistanis to come back home. Similarly if apex court is taking some steps then it should be same for all and no one should be singled out on political affiliations. Hopefully honourable CJ of SC will take note of it.
Selective & why only PPP is targeted? Can anybody answer?
@Scorpio:
Buddy...overseas Pakistani are contributor to economy .. they are not part of law making authority.
The SC's decision regarding the suspension of Mrs. Isphani is not one sided. Remember she is not only a member of the parliament but she is serving as adviser to the President and she is also the wife of Mr. Husain Haqqani (Accused in the Memogate scandal and a former ambassador to US). It is also part of our constitution which the convicted PM boasts all the time to follow. Though, I agree with the writer that similar action should be taken across the board whoever has dual nationality and at the same time occupying a seat in the parliament. I'd like to remind the writer that a similar case is going on in the SC against Rehman Malik who is dodging the court with delaying tacticts.
So what you are saying is that SC shouldn't implement a law only because someone doesn't like it. What you should be doing is telling the lawmakers to do their job and amend or repeal bad laws instead of point out finger at law implementing authority.
Overseas Pakistanis should also stop sending their hard- earned money to Pakistan. how would you respond to that?
Flawed logic. The question is of national security. Pakistanis can and do hold dual citizenship but when it comes to decision making in the parliament, dual nationality makes you prone to blackmail by the host nation. So you cannot make independent decisions. This is a very good law and it was put there for a reason.
Agreed. Across the board!
Well I think at least on this dual nationality issue we should all be together with the SC. How come a person holding another country's nationality can represent Pakistani nation in parliament. He/she is bound to defend other country's interest so how can he/she defend Pakistani interests. I think all dual nationality holders should be thrown out of the parliament immediately with out any further delay. I think we all should think about Pakistan not own political parties. We should remember that Pakistan comes first and then our political parties and leaders.